Divorce vs. Annulment

Divorce vs. Annulment

Posted By
Rozin | Golinder Law, LLC

Many clients often ask me whether they would qualify for an annulment as
opposed to a divorce and whether an annulment is better. There is no better
or worse when it comes to the question of divorce vs. annulment. The question
becomes whether you qualify for an annulment under Court rules. While
I understand that many people wish they could pretend their marriage never
existed, they may not have the right to ask for an annulment which is
essentially a way of saying the marriage never happened. Where one qualifies
for an annulment is fact specific.

I recently represented a man who wanted to have his short-term marriage
annulled. My client, Mike met his bride, Olga, through mutual friends.
They immediately hit it off and began dating. Mike took Olga to expensive
restaurants, Broadway shows, and purchased gifts for her. She led Mike
to believe that she loved him and Mike trusted her. Olga led Mike to believe
she wanted to live and share her life with him. Shortly after they began
dating, Mike and Olga were married. After the marriage, it became known
to Mike that Olga married him for the sole purpose of obtaining citizenship
in the United States. She refused to spend the holidays with him, refused
to move into his home, and would not consummate the marriage. It was clear
to Mike that Olga lied to him and that the entire marriage was based on
fraud. He came to me and asked to file for an annulment. The question
is whether in this situation, Mike would qualify for an annulment.

In this particular case, Mike would absolutely qualify for an annulment
of his marriage to Olga. The Family Court in New Jersey can declare certain
marriages invalid or as we commonly refer to them, annulled. In a Divorce,
the cause of the end of the marriage occurs during the marriage. On the
contrary, when a marriage is annulled, the cause for the end of the marriage
exists before or at the time of the marriage.

There are various grounds (reasons) under which a person can file for an
annulment.

Grounds for an annulment in New Jersey are:

Fraud: Any significant misrepresentation by one party to another prior to marriage
that affects the marriage can be considered fraud. Some examples of the
type of fraud that would qualify for an annulment are:

When one spouse uses the other for obtaining citizenship

Lying about wanting to have children

Lying about religious beliefs

Lying about being addicted to drugs or alcohol

Duress: If you or your family have been threatened and the threat is the only reason
you married your spouse you may be eligible for an annulment.

Nonage: If one of the spouses was under the age of 18 at the time of the marriage,
it may be annulled.

Bigamy: If you or your spouse has another spouse at the time of your marriage,
this is bigamy. To qualify for an annulment under bigamy, you must not
have known of the other spouse at the time of the marriage.

Incest: If you are married to a blood relative you may be eligible for an annulment.

Impotence: If you or your spouse was impotent at the time of the marriage and this
fact was concealed by you or from you, then the marriage may qualify for
an annulment.

Incapacity: If a person is unable to understand that they are getting married (is intoxicated
or mentally disabled) the marriage may be annulled.

In Mike’s matter it was obvious that Olga only married him for the
purpose of obtaining citizenship and that the marriage was a fraud. She
let Mike to believe she loved him and promised she wanted to start a life
with him. Mike had no reason to believe that Olga was lying and the Court
granted Mike an annulment.

If you would like to discuss whether you qualify for an annulment and your
options with regard to the same, please contact my office for a free consultation.